36C77023R0003_1.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5.

REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL

SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

1. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than ____ ___________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NCO 15 Contracting Ofc - CMOP 36C77023R0003 X 01-27-2023 3677023R0003 764-21-101 36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012 Department of Veterans Affairs 3450 S. 4th St. Trafficway

Angel Waalkes 913-684-0147 The Department of Veterans Affairs, CMOP division of NCO-15, intends to award a Construction Contract for Project 764-21-101, Meds by Mail Expansion at VA CMOP Facility, 3209 Elam Farms Parkway, Murfreesboro, TN 37127.

The NAICS Code for this project is 236220 - Commercial and Institutional Building Construction. The size standard is $39.5 million. Estimate of construction magni tude for this project is between $300,000.00 to $500,000.00. This project is being solicited as a Service-Disabled Veteran Owned Small Business (SDVOSB) set aside. Proposals received IN response to this solicitation will be evaluated in accordance wi th the procedures outlined in Federal Acquisition Regulation (FAR) 15.101-1, Best Value - Tradeoff source selection process.

Per NOTE: The term offer and bid are interchangeable for this solicitation.

SAM UEI Number: __________________________________ Those offerors not providing the documentation outline in the "Instructions to Offerors" will be rated unacceptable to the terms of the solicitation. There will be ONE site visit for this project on February 1, 2023, at 10:00 am EST.

All questions are due by February 14, 2023, at 12:00 noon CDT and must be e-mailed to angela.waalkes@va.gov.

Contractors may be required to wear medical grade face masks while on site.

Contractors MUST notify the Contract Specialist at email address: angela.waalkes@va.gov of the intent of attending the site visit on February 1, 2023. The site visit will be limited to no more than 2 peop le from each company.

ELECTRONIC PROPOSALS WILL BE ACCEPTED; HOWEVER, THE ORIGINAL BID GUARANTEE/BOND MUST BE MAILED AND RECEIVED BY THE CLOSING DATE AND TIME. Proposals will be emailed to angela.waalkes@va.gov by February 27, 2023, by 2:00 PM CST Department of Veteran Affairs, NCO 15 Contracting Office Attn: Angel Waalkes CMOP Division 3450 S 4th Street

Leavenworth, KS 66048 It is the contractor's responsibility to make sure the proposals are received by the contract specialist.

It is the contractor's responsibility to monitor https://sam.gov/content/h ome for all amendments to the solicitation.

The Project Period of Performance (PoP) is 180 calendar days after issuance of notice to Proceed.

Proposals submitted by teaming arrangements other than VA Joint Ventures will not be considered.

All contractors and joint ventures must be registered in SAM and certified in SBA by the proposal due date in order to be eligible for award.

Notice: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorporated by reference in this Solicitati

on. Public Law (PL 105-339) Section 1354 provides that no agency may enter into a contract with a contractor who has not filed a VETS-4212 report for the preceding fiscal year under title 38 Section 4212 (d).

X X 52.211-10 X

2:00PM

CST

02-27-2023 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bon ds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24.

SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28.

NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the p arties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or pr int) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

See bid price/cost schedule starting on page 5 36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012 Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971 X

Table of Contents

A.3 Bid Items BID ITEM 1, GENERAL CONSTRUCTION: BASE BID, Provide all labor, supervision, and materials for the construction project 764-21-101, which includes alterations, construction, physical security, and remodel of 3,564 GSF of storage area into administrative space on the mezzanine. Work includes general construction to provide new office space and related mechanical, electrical, plumbing, and telecommunications.

The design permit has been approved by the City of Murfreesboro. The contractor is responsible for acquiring the construction permit and complying with City of Murfreesboro inspection requirements.

The Meds by Mail (MbM) Office Expansion project will include but is not limited to:

1. Temporary Works: Temporary screens, dust proof partitions, protection, temp supports, signage, final clean up, etc.

2. The project will be completed in two phases:

a. Remove existing storage room area

b. Renovate storage area, on mezzanine, into new administrative operations

3. Work to be included by not limited to:

a. Demolition of existing elements, including wall and floor finishes, walls, ceilings, ductwork, plumbing fixtures, and electrical components.

b. Construction and finish of new wood stud partitions and ceiling framing

c. Installation of new ceiling grid and panels

d. Installation of new electrical components

e. Installation of new plumbing piping and fixtures

f. Renovation of existing fire protection system

g. Installation of new HVAC system Period of performance to complete all bid items is 180 calendar days after the Notice to Proceed is issued.

BID ITEM #1: $_______________________________________

BID ITEM 2, NET ADDITION Alternates; Provide additional variable air volume (VAV) boxes as indicated on mechanical drawings.

BID ITEM #2: $_______________________________________

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

PROPOSAL SUBMITTAL INSTRUCTIONS

FOR BEST VALUE – TRADEOFF SOUCE SELECTION PROCESS

SOLICITATION: 36C77023R0003

PROJECT: Meds by Mail (MbM) Expansion in Murfreesboro, TN

PROJECT NUMBER: 764-21-101

LOCATION: Mid-South CMOP, Murfreesboro, TN 37127

1. PREPARATION AND SUBMITTAL OF PROPOSALS

a. GENERAL INFORMATION.

Selection of an offeror for contract award will be made on the basis of an assessment of each offeror’s response to the Request for Proposal (RFP). All proposals shall be subject to evaluation by a team of government personnel. The government reserves the right to award without discussions based upon the initial evaluation of the proposals. The proposals will be evaluated in accordance with the content provided in the solicitation. Best Value Trade off Source Selection Process, in accordance with Federal Acquisition Regulation (FAR) Part 15.101-1, the VA will make the award based on the evaluation factors other than cost or price, when combined, being significantly more important than cost or price. The THREE (3) evaluation factors for determination of technical acceptability consist of:

1. Relevant Past Performance of the Prime Contractor

2. Technical Construction Experience; and

3. Technical Qualifications of Proposed Staffing NOTE: Failure to comply with the RFP requirements will raise serious questions regarding an Offeror’s technical ability to perform the services and may be grounds to eliminate the proposal from further consideration for contract award.

b. THE OFFER.

The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the RFP, including the Plans & Specifications for the construction of this project. These instructions prescribe the format for the proposal and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

c. AWARD BASED ON INITIAL OFFERS.

Pursuant to clause 52.215-1 (included by reference), the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price, and technical qualifications standpoint. The VA reserves the right to conduct discussions if the Contracting Officer later determines such discussions to be necessary.

d. NUMBER OF COPIES TO SUBMIT. Offerors shall submit proposals electronically by e-mail to angela.waalkes@va.gov. The email(s) shall include the following attachments:

The total size if any single email must be less than 10 megabytes. Use multiple emails if necessary and label each as 1 of 3, 2 of 3, etc.

Original Bid Bonds/Guarantee must still be received at the Contracting Office address below by US Postal Service or other courier prior to the solicitation closing time.

Package shall be marked as follows:

ORIGINAL RESPONSE TO RFP 336C77023R0003

PROJECT: 764-21-101, Remodel Storage Area Department of Veterans Affairs NCO 15 Contracting Office Attn: Angel Waalkes, CMOP Division 3450 4th Street Leavenworth, KS 66048 This package is to contain the signed original copies of the documents listed below:

2. DOCUMENTS TO SUBMIT

Documents to be included in the proposal identified above shall consist of:

The following NON-Price Evaluation Factors will be used as the basis for determining Technical Acceptability:

1. Relevant Past Performance of the Prime Contractor

2. Technical Construction Experience; and

3. Technical Qualifications of Proposed Staffing NOTE: There is a realistic possibility that some offerors may choose to submit the same construction project as a qualifying example for both the past performance and the technical experience evaluation factors. This is not prohibited, but the supporting documentation must demonstrate that the submitted projects absolutely do comply with the specific minimal requirements, identified below, for each separate evaluation factor.

FACTOR 1: RELEVANT PAST PERFORMANCE

To be evaluated under this factor, Offerors shall submit a minimum of two (2) and maximum of four (4) construction project examples for the Prime Contractor that best demonstrates recent and relevant experience by the Prime Contractor on projects that are similar in size, scope, and complexity to the RFP requirements, which were issued by either Federal, State or Local Government Agencies and/or Private Organizations. To be evaluated as relevant past performance, the construction contracts submitted by offerors must involve:

· Construction work as a prime contractor;

· A dollar magnitude equal to, or greater than $350,000;

· Work that was 100% completed within a time period of no more than FIVE (5) years prior to the date of submitting this proposal. If the work is still incomplete or was completed more than five years prior to the date of submitting this proposal, it will not be deemed relevant and shall not be considered.

Projects which are similar in size, scope, and complexity and are preferred and will be rated higher. For each of the submitted relevant past performance contract, provide the following information:

a) The name of the construction contract (title and description), the location (physical address), and the contract ID number;

b) The name of the contracting agency or organization the contract was awarded by along with the name, telephone number, current mailing address and email address (if applicable) of a point of contact;

c) Provide project statistics including start and completion dates (original and actual) and project cost (original and actual). If original and actual completion dates and project cost differ, provide an explanation as to why they differ;

d) Provide a description of the scope of work, to include the work performed by the prime contractor. Scope of work includes information on subcontractors managed during the project.

The Government reserves the right to contact references for verification or additional information.

Factor 1 SPECIAL NOTE 1 for Offerors That May Lack Past Performance Information: In accordance with FAR Part 15.305(a)(2), in the case of an offeror that is without a record of relevant past performance, or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance. Such offerors may submit relevant past performance information regarding: predecessor companies; key personnel who have relevant experience; or subcontractors that will be performing major or critical aspects of this requirement; provided that such information is relevant to the construction in this solicitation.

Factor 1 SPECIAL NOTE 2 for Offerors that have Past Performance: Offerors may provide information on problems encountered on the identified contracts and the offeror’s corrective actions. The government also reserves the right to consider past performance information from all available sources, in addition to any information submitted by offerors.

FACTOR 2: TECHNICAL CONSTRUCTION EXPERIENCE Of PRIME CONTRACTOR To be Technically Acceptable, offerors must provide evidence that they have the technical qualifications and experience needed to meet the technical performance requirements of this project. Offerors must submit no less than Two (2) examples of their successful technical construction experience with projects that involved technical requirements similar to the requirements of this project that were previously awarded and completed. The construction project submitted must involve:

Work as a prime contractor under the same NAICS code as this solicitation, which is 236220, Commercial and Institutional Building Construction;

For each of the submitted Technical Construction Experience projects, provide the following information:

Factor 2 SPECIAL NOTE 1 If submitting as a Prime/Sub teaming arrangement under FAR 9.601(2), the designated prime must meet the specific requirements of Factor 2 in order for the teaming arrangement to be deemed acceptable.

Factor 2 SPECIAL NOTE 2 Prime contractors may not use subcontractor experience (either their own or the experience of another subcontractor) to respond to these factors. Subcontractor experience shall not be considered.

FACTOR 3: TECHNICAL QUALIFICATIONS OF PROPOSED STAFFING

To be technical acceptable, qualified offerors must provide information regarding the technical qualification of the proposed project staff, to include the individuals who will be responsible for the following functions. This factor will be evaluated to determine if contractor’s key personnel have the appropriate technical training and or previous construction experience to meet the technical requirements of the key staffing positions for a project of similar scope and complexity.

(a) Project Manager,

Offerors need to submit a brief resume of each key individual. This will be evaluated to determine if they have the appropriate technical training & previous construction experience to meet the technical requirements of a project of this nature. If any of the submitted individuals will perform more than one of the listed functions, this is acceptable as long as the submitted documentation identifies any and all functions the given individual will be performing.

Factor 3 SPECIAL NOTE 1 Only submit information for personnel and subcontractors that will perform on resulting contract. Any substitutions after award must be determined equally or more qualified by the Contracting Officer.

Factor 3 SPECIAL NOTE 2 During the period of performance of the Contract, the Contractor shall make NO substitutions of the Staffing unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the contracting officer, in writing within five (5) calendar days after the occurrence of any of these events. Any replacement of Staffing shall have equal or better qualifications, subject to the approval by the contracting officer to avoid Termination for Default.

d. PRICE PROPOSAL.

The Government will evaluate offers in accordance with the process identified in the Price Schedule. The total evaluated price will be determined by the Offeror’s price for Bid Item 1 and 2 determined to be most advantageous to the Government due to funding or other constraints. Offerors must provide a price for each bid item. In addition, offerors shall include a breakdown of material and labor costs, by specification division for each bid item. Overhead, profit and bond costs shall be added after a subtotal of materials and labor costs has been calculated.

The VA reserves the right to award to a higher priced offeror in accordance with the stated evaluation criteria. The VA also reserves the right to award to a lower priced, lower rated offeror if it’s in the interest of the VA.

3. BASIS OF AWARD.

VA will make the award using best value under the tradeoff process of proposals meeting or exceeding the acceptability standards for non-cost factors.

Note: Offers that are not technically acceptable cannot be selected, regardless of price.

(END OF PROPOSAL SUBMITTAL INSTRUCTIONS)

PRICE BREAKDOWN AND CALCULATION OF SELF-PERFORMED/SUBCONTRACTED WORK - Appendix 1 Offerors for General Construction (NAICS code 236220) must provide at least 15% (25% for NAICS codes 238210 & 238220) of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns. Provide a breakdown of material and personnel costs, by specification division listed for the project. Home Office overhead, profit/fee and bond costs shall be added after a subtotal of personnel and material/Equipment costs has been calculated. Clearly identify the personnel costs you will be performing, and the personnel costs of other eligible service disabled veteran-owned small business concerns. Below is the required format.

THIS DOCUMENT MUST BE COMPLETED FOR EACH BID ITEM.

Division 01

Division 02

Division 05

Division 06

Division 07

Division 08

Division 09

Division 10

Division 12

Division 13

Division 21

Division 22

Division 23

Division 26

Division 28

Calculation of self-performed personnel costs:

1. Total personnel costs * both prime and all subcontractors: $_________________

2. Subtract all subcontractor personnel costs* that are not SDVOSB companies that will perform work on this contract: $_________________

3. Remainder is ‘Total amount of work to be self-performed under the Contract’: $_________________

4. Self-performed work = Line 3/Line 1 x 100 = __________%

LIST THE NAMES OF ALL SDVOSB CONTRACTORS THAT WILL BE WORKING THE ABOVE DIVISIONS. SDVOSB MUST BE SMALL FOR NAICS 236220 TO BE USED TO MEET THE 15% REQUIREMENT AS STATED IN ACCORDANCE WITH VAAR 852.219-10(a)(1)(iii).

I certify the above representations are true and correct to the best of my knowledge.

(Title of Authorized Representative)

APPENDIX 2 - Pre-Award Contractor Safety and Environmental Record Evaluation Form Information provided below is current and applicable to Solicitation 36C77023R0003:

Company Name: ______________________________________________ Address: _____________________________________________________ Telephone: ______________________ Fax: ________________________ Email: _______________________________________________________ Contact: ______________________________________________________

1. Utilizing your OSHA 300 Forms, please complete the following information:

Number of man hours (jobsite and office).

Number of cases involving days away from work, restricted activity, or both (Column H and I of OSHA 300).

Days away, restricted, or transferred rate (# of days away, restricted, or transferred cases x 200,000/# of man hours) (DART Rate).

Number of serious, willful, or repeat violations from OSHA within the last 3 years. Please attach explanation for any violations.

Please attach copies of the following documents: OSHA 300 and 300a Forms. These forms can be accessed through the OSHA publications search page: http://www.osha.gov/pls/publications/publication.html.

2. Provide six-digit North American Industrial Classification System (NAICS) Code for this acquisition: __________________________________

3. Who administers your company’s Safety and Health Program? ____________________________

4. Company’s Insurance Experience Modification Rate (EMR): ____________________________

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price, Construction contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Rutherford County Murfreesboro, Tennessee Tennessee (End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Angel Waalkes Contract Specialist

Hand-Carried Address:

Department of Veterans Affairs NCO 15 Contracting CMOP Acquisitions 3450 S. 4th St. Trafficway Leavenworth KS 66048

Mailing Address:

Department of Veterans Affairs NCO 15 Contracting CMOP Acquisitions 3450 S. 4th St. Trafficway Leavenworth KS 66048

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— February 1, 2023 at 10:00 am EST

(c) Participants will meet at— Murfreesboro CMOP, 3209 Elam Farms Parkway, Murfreesboro, TN (End of Provision)

2.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022) (JUL 2020) (DEVIATION) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39.5 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include…